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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p236071_index.html Direct Link: HTML Code:

Reinbold, Jenna. "Mythologizing the “Legal Personality”: The Convergence of Human Dignity and the Rule of Law within the Universal Declaration of Human Rights" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p236071_index.html>

Reinbold, J. , 2008-05-27 "Mythologizing the “Legal Personality”: The Convergence of Human Dignity and the Rule of Law within the Universal Declaration of Human Rights" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada <Not Available>. 2009-05-23 from http://www.allacademic.com/meta/p236071_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: This paper represents one component of a project aimed at exploring the 1948 Universal Declaration of Human Rights as an exemplar of political mythmaking—that is, as a narrative designed to temper social anxiety and to orient select groups toward desirable convictions and practices. That the Declaration might be understood to perform such a function is clear from the records surrounding its negotiation and from its framers’ public broadcast of the promise and the purpose of this document. Central to the simple and evocative narrative laid out in the Preamble of the Declaration is ‘inherent dignity’; an item which the Declaration’s framers endeavored to render sacred—practically and conceptually inviolable—in contradistinction to its profanation in the course of World War II. I have argued that this narrative of sacredness and profanation mirrors the ‘cosmogonic’ narratives intrinsic to many religious mythologies and that, as with religious cosmogonies, it functions to establish a particular type of legitimacy—a legitimacy quite different from that established within ontological or rationalist argumentation. In elucidating such connections between the Declaration and religious cosmogony, I draw upon a contemporary trajectory within the study of religion that complicates conventional distinctions between religiosity and secularism and, by extension, between religion and modern liberal politics. This paper will bring this logic of cosmogony to bear upon another of the Declaration’s most central and, simultaneously, most ambiguous tenets: its enshrinement of ‘the rule of law’ as the elementary force through which ‘inherent dignity’ becomes expressed and protected vis-à-vis the state.

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